SMT. SUMAN DEVI AND ANOTHER v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF HOME, LKO. AND 2 OTHERS
A482/1952/2025 · 2025-05-07
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125906 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125906 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26837 Court No. - 14 Case :- APPLICATION U/S 482 No. - 1952 of 2025 Applicant :- Smt. Suman Devi And Another Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home, Lko. And 2 Others Counsel for Applicant :- Girish Chandra Verma,Abhishek Kumar Pandey,Raman Kumar Counsel for Opposite Party :- G.A.,Desh Deepak Singh,Sachin Tulsi Hon'ble Manish Kumar,J.
1. Heard. 2. The present application under Section 482 Cr.P.C. has been preferred with the following prayers:
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned charge- sheet no. 133/2008 dated 17.12.2008 as well as impugned order dated 22.05.2024 passed by I Additional Chief Judicial Magistrate, Gonda, as well as the impugned order dated 22.01.2025 passed in revision no. 278/2024 by Additional District & Session Judge/Special Judge POCSO, Act, Gonda in criminal case no. 89 of 2009 arising out from in case crime No. 204/2008 Police Station Tarabganj, Gonda, contained as Annexure No. 1, 2 & 3 to this petition and further be pleased to quash the entire proceedings of case No. 89/2009 arising out from case crime no. 204/2008, U/S 419, 420. 467, 468 & 471 1.P.C. on the basis of the charge-sheet as those legally barred, by exercising the inherent power as provided to this Hon'ble Court under section 482 Cr.P.C./528 B.N.S.S. in the interest of justice."
3. Learned A.G.A. and learned counsel for Respondent Nos.2 and 3 have submitted that Applicant No.1 in support of her submission that she is daughter of Late Mohanpati has enclosed a copy of Parivar Register at Page No.49 of the paper book and from perusal of the same it would be seen that in the Column
name of Surajmani as D/o Late Mohan Pati has been mentioned and the word "Suman @" before the name of Surajmani has been mentioned that is nothing but a manipulation to prove the case. 4. At this stage, learned counsel for the applicants has submitted that the applicants do not want to press the present applicant and prays that they may be permitted to withdraw the present applicant as dismissed as not pressed with liberty to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satendra Kumar Antil Vs.
Central Bureau of Investigation and another (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116 as also to prefer a discharge application before the court below and the same may be decided expeditiously. 5. Learned AGA has no objection to the prayer made by learned counsel for the applicant. 6. As prayed, the present application U/s 482 Cr.P.C. read with Section 528 BNSS is dismissed as not pressed with liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the Court concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law. 7. Taking note of the facts of the case and also the observations made in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, he would not take any coercive action against the applicants in the aforesaid case. Order Date :- 7.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench